Tuesday, October 9, 2012

Point, Missing The...

Um, wasn't the Protection of Lawful Commerce Act supposed to prevent baseless lawsuits like this?

NY appeals court rules shooting victim may sue gun maker, distributors; reverses lower court
BUFFALO, N.Y. – An appeals court in New York has ruled that a former high school athlete who was shot in 2003 can sue the companies that made and distributed the handgun used in the crime.

The ruling reverses a lower court's dismissal of Buffalo victim Daniel Williams' complaint. Williams claimed Ohio gun maker Hi-Point and distributor MKS Supply intentionally supplied handguns to irresponsible dealers for profit. The gun used to shoot Williams was bought at a gun show by a Buffalo gun trafficker.

Didn't the antis jump up and down screaming that the PoLCA was going to put gun companies above the law and such because it prohibited these types of lawsuits? I really don't understand how anyone can support lawsuits like these - it's a truly horrific precedent to set for anyone that makes any product available to the general public. It truly boggles the mind that Hi-Point is on the hook for something that their distributor may have done.

Note to GM, Ford, and Chrysler: Why the bloody hell are you not pitching in to fight this? You think they're going to stop at firearms manufacturers? You think that once the floodgates open up you're not going to start seeing lawsuits against automobile manufacturers? Ask the makers of trans-fat foods or large volume sodas how not speaking out against cigarettes went.

You know, "first they came for the jews" and all that...

That is all.

Another dispatch from...
(image courtesy of Robb Allen)


Angus McThag said...

I think I know why GM is staying out and that probably applies to Chrysler too. But Ford?

Anonymous said...

It's all about shifting the blame from the HUMAN element - and yes the manufacturers of any mechanical device should be VERY worried if this is allowed to occur.

Glenn B said...

This comes as no surprise since it happened in Buffalo and in NY State in general. Buffalo has some of the strictest anti-gun laws in the country.

Stretch said...

Silly Jay!
Laws are for the little people.
Those fighting for A Higher Morality are above the law for they have Holder on their side.

Seriously, we are watching the disintegration of the rule of law from the top down. I feel like an old retired Centurion watching the hordes crossing the Rhine. Off to sharpen my gladius and check the wine amphorae. The Republic may be gone by my villa will remain intact.

Bubblehead Les. said...

Bet you they're thinking that was FEDERAL Law, and it doesn't apply to the State of New York.

But I always love the Irony of Yankees claiming "States Rights."

Pakkinpoppa said...

Hi Points...they work if you BREAK THEM in.

If I only had 200 bucks, I could do worse I suppose...as I'd likely have just enough for the box of defensive stuff after running the 200 through it.

Now, would it be my first choice of something? As someone with Blocks, Smith snubnoses, and Ruger Six revolvers, I'd pass, but one of those for the right price? In 9mm? Could be a decent "loaner" or "gift", perhaps.

dustydog said...

I'm surprised medical device manufacturers aren't kicking in. They get sued enough as it is. Any precedent that weakens the little protections they have will cost them billions.

Or the liquor companies for that matter. If High Point is at fault for selling a legal product legally, then beer companies are criminally liable for every 16 year old who drives drunk or dies in the river while drunk.